HomeMy WebLinkAbout01-09-09 (3)IN RE.: ESTATE OF IN THE COURT OF COMMON PLEAS OF
ROBERT M. MUMMA, CUMBERLAND COUNTY, PENNS~.,VANIA~
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ORPHAN'S COURT DIVISION '?? =~ ~~
N0.21-86-398 = `'~ =~ `A - --
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MOTION FOR CLARIFICATION AND/OR RECONSIDERATION OF THE `~'
ORPHAN'S COURT ORDER DATED DECEMBER 29, 2008
AND NOW, comes Robert M. Mumma, II, pro se, who files the instant motion for
clarification aJ1d/or reconsideration of the Orphan's Court Orders dated December 29, 2008, and
in support thereof avers as follows:
1. On August 22, 2008, the undersigned Movant filed a Motion for Disqualification of
Morgan, Lewis & Bockius ("MLB" hereinafter) and The Martson Law Office ("Martson"
herein~~er) from Continuing Legal Representation of the Estate and the Trusts.
2. Said motion for disqualification of Estate counsel resulted in a Rule to Show Cause Order
dated August 28, 2008 issued by Judge Oler which among other things scheduled oral
argument for December 17, 2008.
3. At Oral Argument, Judge Oler was apprised of the fact that MLB's counsel had
registered over 200 objections during the course of the deposition of Joseph O'Connor,
Esquire taken on October 27, 2008, same including instructions to the witness not to
answer.
4. At Oral Argument, Judge Oler was apprised of the fact that the undersigned desired an
opportunity to conduct a meaningful cross-examination of the witness and to conduct a
reasonable deposition with the submission of all pertinent documentary evidence without
unnecessary interference from MLB's counsel.
5. At Oral Argument, the parties advised Judge Oler that the deposition transcript of Mr.
O'Connor had not yet been signed and filed due to delays in both the transcription and in
the witness's review and inspection.
6. Following Oral Argument, Judge Oler issued an Order dated December 18, 2008 which
afforded the parties a 7 day period to file depositions of record.
7. Upon receipt of the Order dated December 18, 2008, and in light of the discussion at oral
argument, the undersigned reasonably believed that the parties were to supplement the
record within 7 days of any and all evidence that would have otherwise been presented
during the deposition of Mr. O'Connor if in fact the deposition had proceeded without
unnecessary inference from MLB's counsel.
8. Therefore, in a series of praecipes filed with the Clerk of the Orphan's Court on
December 17, 2008 and December 24, 2008, the undersigned sought to introduce certain
evidence for Judge Oler's consideration which would have otherwise been presented
during the deposition of Mr. O'Connor if in fact the deposition had proceeded without
unnecessary inference from MLB's counsel.
9. In an Order dated December 29, 2008, Judge Oler addressed the filings made subsequent
to oral ~~rgument. Paragraph #2 of said Order provides: "Any filings made subsequent to
argument on December 18, 2008 (sic), and intended to supplement the record for
purposes of disposition of the aforesaid motion, except as authorized by the court's order
dated December 18, 2008, are stricken."
10. Therefore, the undersigned is unaware of whether the items praeciped into the record on
Decerriber 17, 2008 and December 24, 2008 are deemed to be encompassed within the
Court's order dated December 18, 2008, inasmuch as same would otherwise have been
part and parcel of the deposition of Mr. O'Connor but for the unnecessary interference of
MLB's counsel.
11. To the extent that same are deemed to be beyond the scope intended by this Court's
Order •of December 18, 2008, the undersigned requests that this Court reconsider the
Order dated December 29, 2008 such that it would permit those items praeciped into the
record on December 17, 2008 and December 24, 2008 to be considered as part of the
intended deposition of Mr. O'Connor.
12. The undersigned has not obtained the concurrence of counsel to the other interested
parties inasmuch as the prior statements and representations of said counsel have
indicated that the undersigned would not receive cooperation from them with respect to
such a motion for reconsideration.
13. The Honorable J. Wesley Oler, Jr., has previously ruled on prior motions filed in this
case.
VVIEIEREFORE, the undersigned respectfully requests that this Honorable Court
reconsider its Order of December 29, 2008, and that this Court issue an appropriate order
which permits those matters praeciped into the record on December 17, 2008 and December
24, 2008 to be considered as part of the intended deposition of Mr.O'Connor.
Respectfully submitted,
~~~~~~Ct,lrvwl.~1
Robert M. Mumma, II
Box F
Grantham, PA 17027
(717) 612-9720
PRD SE
CERTIFICATE OF SERVICE
I, Robert M. Mumma, II, pro se, do hereby certify that I caused a copy of the foregoing
Motion to be served this date by U.S. Mail, first class, postage prepaid, addressed to:
George B. Faller, Jr., Esquire
No V. Otto, III, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Brady Green, Esquire
Morgan, Lewis & Bockius, LLP
1701 Market Street
Philadelphia, PA 19103-2921
Ralph Jacobs, Esquire
1515 Market Street -Suite 705
Philadelphia, PA 19102
Linda Mumma Roth
PO Box 480
Mechanicsburg, PA 17055
Joseph D. Buckley, Esquire
Court-Appointed Auditor
1237 Holly Pike
Carlisle, PA 17013
DATE: January 9, 2009
BY: ~
Robert M. Mumma, II
Box F
Grantham, PA 17027
717-612-9720
PROSE